# Terms of Service - Capture **Note: Capture was provided by Telenor Software Lab AS until 31 October 2025. From 1 November 2025, Jotta AS is the provider of the Service and these Terms apply.** **Posted: 2025-09-29** **Effective: 2025-11-01** You can read the previous Terms of Service [here](./capturetos-previous-en.html). These Terms of Service ("Terms") cover your use and access to the Capture service, client software, and websites ("Service", "Services"). The Service is provided by Jotta AS ("Jotta", "we", "us", "our"), a company registered in Norway, with company registration number 992 603 615. Our Privacy Policy explains how we collect and use your information, while our Acceptable Use Policy explains how we expect you to use our Service. By using the Service, you agree to comply with these Terms, including our Privacy Policy and our Acceptable Use Policy. Please read these carefully. ## Description of the Service Capture is a backup service for photographs and videos. It keeps your photographs and videos safe and gives you access to them anytime, anywhere. ## Your Content When you use our Service, you provide us with your photographs and videos ("Content", "Your Content"). These Terms do not grant us any rights to Your Content, except the limited rights required to provide the Service. We need to perform certain actions with Your Content, such as hosting, backing up, and sharing it, in order to provide the Service as requested. The Service includes features such as, but not limited to, sharing, commenting, generating thumbnails, previews, searching, organising, and personalising content. To deliver these features, we must access, store, scan, or otherwise process Your Content. We will only provide access to Your Content to you or to other persons or entities legally authorised to access it. If you wish for someone other than yourself to access Your Content in the event of your death, you can explicitly detail this in your Will, or nominate a Digital Legacy contact in the [Privacy Settings](https://web.capture-app.com/settings/privacy) section of your account. The nominated Digital Legacy contact must be at least 13 years old. ## Subscription and Purchases To use the Service, you must have a subscription. You may obtain this through a Telenor subscription with included storage as a benefit (where available), or by directly purchasing a subscription to one of our storage tiers. You must be at least 18 years old to purchase a subscription. If you purchase a subscription directly, we will automatically bill you either on the date you first subscribe, or after any free trial period ends, and on each periodic renewal date until cancellation. You are responsible for all applicable taxes, and we will charge additional tax when we're required to do so. You can cancel your subscription at any time. If you cancel during the free trial period before the first payment is taken, no fees will be charged. If you cancel your subscription after payments have begun, your additional storage will remain available until the end of the current subscription period, after which it will be terminated under these Terms. If you fail to pay your subscription on time or no longer have a subscription to the Service included as a benefit of your Telenor subscription, we may suspend or terminate your access to the Service. We reserve the right to adjust the fees payable on renewal of your subscription to reflect business or economic changes. We will give you ample notice of this, so you can cancel your subscription before the new fee comes into effect, should you wish. If you subscribe to the Service, you have the right to withdraw from your purchase within 14 days without giving any reason, in accordance with EU consumer law. The 14-day withdrawal period begins on the day you start your subscription, which includes any free trial period. This means that if you are on a free trial, the withdrawal period runs from the first day of the trial, not from when any payments begin. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by contacting our [Customer Support team](https://capture-app.com/support). We will reimburse all payments received without undue delay and no later than 14 days after we have been informed of your decision. For subscriptions purchased through the Apple App Store, please contact them directly to exercise your right of withdrawal. Where available in select markets, the free-tier of our Service includes a limited amount of storage. We reserve the right to modify or discontinue the free-tier at any time, with or without notice. If we choose to remove the free-tier, you may be required to upgrade to a paid subscription to continue using the Service. We may, at our discretion, offer a free trial of the Service. Free trials are limited to one per user, unless we expressly authorise additional trial access. We may withdraw, modify, or change the duration of any free trial at any time without prior notice. Attempts to obtain more than one free trial without our authorisation, including by creating multiple accounts or otherwise circumventing these restrictions, are prohibited and may result in suspension or termination of your access to the Service. ## Your Responsibilities You are responsible for your actions when using the Service. Your Content and your use of the Service must comply with our Acceptable Use Policy. You may only upload, download, or share content if you have the right to do so. We may review your actions for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren't responsible for the content that people upload, download, or share via the Service. We do not access Your Content unless we are required by law or when required to maintain the Service. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid email and address and telephone number, and we reserve the right to verify this at any time. You are not allowed to have more than one account per email address. You are responsible for providing and maintaining accurate and updated personal information, and for safeguarding your account information. To keep Your Content secure you need to protect this with your own password. Don't share your account details or password, or give other persons access to your account. Please make sure that you log out when using public or shared devices. If you hand over or dispose of a device with the Service installed to another individual, you should log out of the Service and/or deactivate the device before doing so. If devices with the Service installed are lost or stolen, you should change your password immediately and contact our [Customer Support team](https://capture-app.com/support) to remotely log out your devices. We will not be liable for any loss or damage arising from your failure to comply with the above requirements. Our Services let you share Your Content with others, so please think carefully about what you share and who you share it with. When you share Albums or files using the Service, please be aware that the receiving person(s) can choose to forward this to other persons. You must be at least 13 years old to use the Service. You may use our Services only as permitted by applicable law, including export control laws and regulations. ## Software The Service allows you to download client software ("Software") which may update automatically. As long as you comply with these Terms, we give you a limited, non-exclusive, non-transferable, revocable licence to use the software, solely to access the Services. To the extent any component of the Software may be offered under an open source licence, we'll make that licence available to you and the provisions of that licence may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so. ## Our Rights The Service is protected by copyright, trademark, and other applicable laws. The trademarks, logos, domain names, and similar signs displayed on the Website or as part of the Service are the registered or unregistered marks of Jotta and Telenor ASA. Nothing in these Terms grants you the right to use any such marks. Additionally, these Terms do not grant you any rights, titles, or interests in the Services, others' content within the Service, trademarks, logos, or other brand features. ## Copyright By your use of the Service, we ask that you respect the intellectual property rights of others as we do. We respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. ## Support You will find answers to the most frequently asked questions about the Service on our website. If you require further assistance, please contact our [Customer Support team](https://capture-app.com/support). Most questions will be answered within 24 hours. For your security, we can only provide account or billing support after confirming you are the account holder. We require you to confirm access to your registered email address and telephone number before we can discuss or make changes to your account or subscription. ## Termination You can request that we delete your account, including all content and data we hold about you. You may do so by visiting the [Privacy Settings](https://web.capture-app.com/settings/privacy) section of your account. This will include the irreversible deletion of all photo and video content in your account, so make sure you take a backup before making this request. It may take up to 30 days for us to complete this request. If you act in breach of the Terms, Acceptable Use Policy, or applicable laws, your right to use the Service and access Your Content within it will terminate immediately, without notice or refund of any fees. We may also discontinue or stop providing the Service to you, or add limits to your use of the Service. Where possible, we will provide you with reasonable advance notice via the email address associated with your account to remedy the activity and notify you of how to export Your Content from our Services. It is your responsibility to follow these steps in time. Please note that we delete Your Content 30 days after termination. We may not provide notice before termination or an opportunity to export Your Content where: 1. you're in material breach of these Terms, including our Acceptable Use Policy; 2. doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or; 3. we're prohibited from doing so by law. Once we suspend or terminate your access to the Service, you will no longer be able to access or export Your Content. We will not provide a refund if we suspend or terminate your access to the Service due to a breach of these Terms, unless required by law. ## Disclaimer The Service is provided "as is." You acknowledge that the Service is not error-free. We make no warranties, expressed or implied, regarding the availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance, or quality of the Service. From time to time, updates and maintenance may be required for technical, security, or operational reasons, during which the Service may be unavailable. We will make reasonable efforts to schedule updates and maintenance outside peak usage hours. This does not override any legal protections, including statutory warranties, granted to consumers by EU law. The website and the Service may contain links to third-party websites. These links are provided solely for your convenience and are not endorsements of the content of such third-party websites. The Service is not responsible for the content of linked third-party websites. You should carefully review the Terms of Service and Privacy Policies of all websites you visit. ## Limitation of Liability Except as otherwise required by law, we (including our affiliated companies, partners, and their contractors, officers, directors, and employees) shall not be liable for any damages under these Terms, regardless of the cause, whether arising under law, contract, warranty, indemnification, tort, or otherwise. This includes, without limitation, incidental and consequential damages, loss of profits or business opportunities, or damages resulting from the loss of data or access to the Service. In any event, our total liability shall not exceed the amount you paid for the Service during the 12 months prior to the incident that caused the liability. ## Changes We are constantly changing and improving the Service. We may add or remove functionalities, features, and content, and we may suspend or stop a Service entirely. We may also update or otherwise amend these Terms, for instance, to reflect changes to the Service or changes to the law. For material changes that could significantly affect your rights or access to the Service, we will provide you with clear, advance notice, either by email, in-app notifications, or other appropriate means. Such changes will come into effect no sooner than 30 days after you have been notified, giving you time to review and, if you wish, discontinue your use of the Service before the new Terms take effect. If you continue using the Service after the changes take effect, this will be considered as acceptance of the amended Terms. ## Waiver, Severability, & Assignment Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it at a later time. If any provision of the Terms is found to be unenforceable, the remaining provisions will remain in full effect, and we will replace the unenforceable provision with one that reflects our original intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. We may assign our rights and obligations under these Terms to any of our affiliates, subsidiaries, or to any successor in connection with our business or the Service. ## Resolving Disputes We will make every effort to resolve any questions or concerns you may have after contacting our [Customer Support team](https://capture-app.com/support). If we are unable to reach a mutually acceptable resolution, either you or we may initiate judicial proceedings. Except where otherwise required by law, these Terms shall be governed by and interpreted in accordance with Norwegian law. Any dispute, controversy, or claim arising out of or related to these Terms shall be subject to the jurisdiction of the Norwegian courts, with the district court of Asker & Bærum, Norway, as the designated legal venue. # Acceptable Use Policy You agree not to misuse the Service or assist anyone else in doing so. The following actions, without limitation, are prohibited: - breaching or circumventing any security or authentication measures; - probing, scanning, or testing the vulnerability of any system or network, unless done in compliance with our approved security programmes; - accessing, tampering with, or using non-public areas of the Service or shared areas without an invitation; - interfering with or disrupting any user, host, or network, such as sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Service; - accessing, searching, or creating accounts for the Service by any means other than our publicly supported interfaces (e.g. "scraping" or creating accounts in bulk); - sending unsolicited communications, promotions, advertisements, or spam; - sending altered, deceptive, or false source-identifying information, including "spoofing" or "phishing"; - promoting or advertising products or services other than your own without appropriate authorisation; - abusing referrals or promotions to gain or sell storage space unfairly; - circumventing storage space limits; - using the Service to back up or act as infrastructure for your own cloud services; - using storage space provided by the Service for cryptographic proof-of-space, proof-of-storage, or similar systems; - selling the Service or purchasing it from unauthorised sellers unless specifically authorised; - harassing or abusing our personnel, representatives, or agents; - engaging in any type of payment fraud, including unauthorised use of credit cards or illegitimate chargebacks. ## Content Responsibility You are responsible for ensuring that your content and actions are lawful. The Service must not be used to publish, share, or store materials that: - are illegal under applicable laws or regulations; - constitute child sexual abuse material (CSAM) or content that sexually exploits or promotes the exploitation of minors, or is otherwise indecent; - promote extreme acts of violence, terrorist activity, or violent extremist propaganda; - are offensive, including content that promotes racism, bigotry, discrimination, hatred, harassment, or harm against any group or individual; - violate the privacy of others, including publishing or sharing their confidential or identifying information without authorisation for malicious purposes; - involve the transmission of "junk mail," "chain letters," unsolicited mass mailings, "spamming," or "phishing"; - promote or endorse false or misleading information, illegal activities, or abusive, threatening, obscene, defamatory, or libellous conduct; - promote or endorse an illegal or unauthorised copy of another person's copyrighted work; - are pornographic, sexually explicit, or indecent; - violate the rights of others or threaten the safety of other users or the Service. We reserve the right to take appropriate action in response to violations of this policy, which may include removing or disabling access to Your Content, suspending your access to the Service, or terminating your account. We take proactive steps to detect and report Child Sexual Abuse Material (CSAM) in accordance with industry best practices. Any detected CSAM or illegal content will be reported to the authorities, and your account will be terminated without notice.